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I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA

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Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA

#91

Post by proberts »

throwawayjon wrote: post #87

I first had my H1b approved several years back. I was with Company A for 2 years before I moved back to India to work at another company. I then came back to the US where I worked on H1b (same visa) for Company B for another 2.5 years. So I've used up around 4.5 years on my H1b that was first issued in 2007. I left the US and am now based in Canada. I recently got another offer from Company C in the US. Does Company…

That's a complicated question and depends on USCIS's interpretation of its regulations but there is an argument that you would not be subject to the lottery and still have 1.5 years of H-1B time left.

Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA

#92

Post by SirHound »

kentosi wrote: post #37
proberts wrote: post #29

Earlier quoted context omitted.

Not at all. You can go just about anywhere to get your H-1B visa stamp, Canada, Europe, South America, the Islands, etc.

Thank you so much! I thought there might have been issues since this was my first time getting an H1B.

As someone who is eligible for an Australian passport, I was going to get one on the understanding the E3 is superior as it would allow a spouse to come with and get a job. Is there a specific reason you're moving to a H1B?

Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA

#93

Post by JimmyYue1 »

Hypothetically if I had a friend who immigrated illegally and was born to no nation (no certificate), how can I as owner of a business (of any hypothetical size) help him? Is there a path to citizenship and what does that hypothetical path look like?

Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA

#94

Post by proberts »

gkuhlmann wrote: post #84

Hi Peter, I'm in US on a TN visa and started a company (no revenue/no employees) to list apps on app store. When I went to renew my TN status, Immigration officer gave me a bit of a hard time saying I needed approval to open this business from Homeland Security. Is this true?

That's not correct but there are issues nonetheless in that the TN does not permit self-employment and further USCIS and CBP oftentimes will deny TN applications where the applicant is a founder or part-owner.

Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA

#96

Post by ignawin »

Hi Peter, is there a way to transfer F1 to J1 visa, so that me as a SO of the F1 holder can get J2 (as a spouse) to be able to work in the US? More specifically - that would be the only reason for my SO to switch the visa type, which IMHO is not sufficient.

Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA

#97

Post by charris0 »

Hi Peter, thanks for sharing info on what I feel is quite an unknown subject to an outsider. I have a general question for you:

As a skilled software developer with a relevant UK university degree (3 years BSC) and work place experience, interested in working in the US - What is the ballpark range of costs and wait time involved in getting a visa to allow me to work for a US company.

What's the general procedure, - get offer from job, then -talk to immigration lawyer, or the other way around?

Thanks!

Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA

#99

Post by proberts »

throwaway45599 wrote: post #5

I have a criminal record in the UK. I was convicted approx 5 years ago for criminal damage, drunk and disorderly and resisting arrest. I was given a small fine in magistrates court. I have otherwise a great record and have set up multiple companies employing approx 100 people here, including many awards and recognitions. What are my chances of being able to move to the US?

I would need to review the court and police records to see if a waiver is required but based on what you are stating, even if a waiver were required, you would get one (although it's a 6+-month process to get a waiver).
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